MACON CO., NC - DEEDS - H. Davis Dean, Sheriff to W. A. Foster, 1908
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Submitted by Gigi Foster Creel (gigicreel@attbi.com)
Macon Co., NC GRANTEE Book B-3 Page 193
State of North Carolina}
County of Macon}
This indenture, made this the 22nd
day of April 1908, between H. Davis
Dean, Sheriff of Macon County, North
Carolina of the first part and W.A.
Foster of the County of Macon and
State of North Carolina of the second
part-Witnesseth that under and
by virtue of two certain units of
execution issued out of the Superior
Court of Macon County: one in
favor of W.A. Foster, plaintiff and
against The Middle Creek Lumber
Company, W.C. Smith and W.C. Smith
Trustee and R.F. Branner (?), defendants
and the other in favor of W.A. Foster
and M.C. Kiser Company plaintiffs
and against The Middle Creek Lumber
Company, W.C. Smith and W.C. Smith
Trustee and R.F. Branner (?), defendants
and both to the said Sheriff were
directed and delivered, commanding
him out of the personal property
of the said defendants within
said county found, to satisfy the
same, as in default thereof out
of the real property of said judgment
debtors in said county (situate?)
cause the same to be made as
by reference to said execution will
more fully appear and whereas because
sufficient personal property of said
Book B-3 Page 194
judgment debtors to satisfy said execution in said
county could not be found, he the said Sheriff
did levy an(d) take and seize all the
estate, right, title and interest of the
said judgment debtors of, in and
to the real estate hereinafter particularly
described with the appurtenances
and did on the 22nd day of April 1908,
sell the said premises at public
auction at the court house door in
Franklin, in said County of Macon
after having first given the notice
of the time and place of such sale,
and advertised the same according to
law at which sale the said W.A.
Foster became the last and highest
bidder therefor at and for the price of
$125.0 (one hundred twenty five Dollars).
Now, therefore, know all men by these
presents, that the said party of the
first part, Sheriff as aforesaid by
Virtue of said execution and for
and in consideration of the sum of
money above mentioned, to him
in hand paid by the said party of
the second part the receipt whereof
is hereby acknowledged, has granted,
sold, conveyed and confirmed and by
these presents does grant, sell, convey
and confirm unto the said party of
the second part his heirs and
assigns all the estate, right, title
and interest of the said The Middle
Creek Lumber Company, W.C.
Smith, R.F. Branner (?) and W.C. Smith
Trustee, whereof they were seized
or possessed at the day of
Book B-3 Page 195
docketing of said judgment in said
County or at any time afterward of
in and to the following described real
estate, to wit:
First Tract: Being the lands described
in a deed from Flora A. Connor
to W.C. Smith and W.C. Parkey, dated
the 1st day of December 1903, and reg-
istered in the office of the register of
deeds for Macon County, N.C. in
book of deeds “PP” pages 572 et seq.
and being in Flatts Township, on
the waters of Shoal Creek, containing
200 acres more or less, said lands
adjoining the lands of Smart, Mc
Connell, Bradley and others and to said
records reference is hereby made
for more full description.
Second Tract:
Being the lands described in a certain
deed from G.P. White and wife to
The Nantahala Company, dated the
12th day of March 1903, and recorded
in the office of the Register of deeds
for Macon County, N.C. in book
of deeds “OO” pages 36 et seq> to
which said records reference is
hereby made for more full des-
cription, said lands being conveyed
by the said The Nantahala Company
to the W.M. Ritter Lumber Company
and by the said W.M. Ritter
Lumber Company to said Middle
Creek Lumber Company & partner-
ship consisting of W.C. Smith, R.F. Branner (?)
& to W.C. Smith as trustee for said
partnership to which said deed reference
is also hereby made, Said lands-
Book B-3 Page 196
Beginning on a locust the beginning
corner of State Grant #3047 and runs
thence S. 9 poles to a Stake and pointers
at the road; then N. 61 E. 22 poles to a
Stake and pointers; then N. 26 E. 10 poles
to a Stake and pointers; then N. 56 E. 18
poles to a maple; then D. 62 & 1/2 E. 18
poles to a chestnut; then N. 59 E. 40
poles to a Stake and pointers; then N.
72 E. 42 poles to a black oak on
top of a ridge; then N. 81 E. 42 poles
to a Stake and pointers in Penland's
line; then N. 5 E. -- poles to a hickory;
then N. 25 E.68 poles to the middle
of Middle Creek; then down the middle
of Middle Creek 176 poles to a Stake
in the line of Grant #3047; then
S. 10 W. with said line 180 poles to
the beginning, containing 133 acres
more or less, same being parts of
State Grants #3047; 12350 and
Entry #1730.
Together with all and singular the
rights, privileges an appurtenances
thereunto belonging or in any wise
appertaining.
To Have and to Hold the described
premises, with the appurtenances
unto the said party of the second part,
his heirs and assigns forever, as
fully and as absolutely as he, the
said Sheriff party of the first
part aforesaid can, may or ought
to by virtue of the said execution
and of his said office as Sheriff
grant, sell, convey and confirm the Said.
Book B-3 Page 197
In witness whereof, The said party of
the first part, Sheriff as aforesaid,
hath hereunto set his hand and seal,
the day and year first above written.
H.D. Dean,
Sheriff of Macon County, N.C.
State of North Carolina}
Macon County}
Be it remembered that on this the
9th day of May 1908, before me, R.M.
Ledford, the undersigned clerk of
the Superior Court, in and for
the County of Macon, personally
came H. David Dean Esq, Sheriff
of Macon County, North Carolina,
to me well known to be the
same person described in and who
executed the foregoing deed and then
and therein due and lawful form
the said Sheriff acknowledged
that he executed the same for the
purposes therein mentioned, Let
the said deed and this Certif-
icate be registered.
R. M. Ledford
Clerk of the Superior Court
Macon Co N.C.
The foregoing deed was filed for
registration Sept. 7th 1908, and
registered this the 9th day of Sept.
1908. D.W. Blaine
Register of Deeds
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